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20 U.S.C. § 6436 — Definitions

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 6436 — Definitions

As used in this part: (1) **Local operating agency** — The term “local operating agency” means— (A) a local educational agency to which a State educational agency makes a subgrant under this part; (B) a public or private agency with which a State educational agency or the Secretary makes an arrangement to carry out a project under this part; or (C) a State educational agency, if the State educational agency operates the State’s migrant education program or projects directly. (2) **Migratory agricultural worker** — The term “migratory agricultural worker” means an individual who made a qualifying move in the preceding 36 months and, after doing so, engaged in new temporary or seasonal employment or personal subsistence in agriculture, which may be dairy work or the initial processing of raw agricultural products. If an individual did not engage in such new employment soon after a qualifying move, such individual may be considered a migratory agricultural worker if the individual actively sought such new employment and has a recent history of moves for temporary or seasonal agricultural employment. (3) **Migratory child** — The term “migratory child” means a child or youth who made a qualifying move in the preceding 36 months— (A) as a migratory agricultural worker or a migratory fisher; or (B) with, or to join, a parent or spouse who is a migratory agricultural worker or a migratory fisher. (4) **Migratory fisher** — The term “migratory fisher” means an individual who made a qualifying move in the preceding 36 months and, after doing so, engaged in new temporary or seasonal employment or personal subsistence in fishing. If the individual did not engage in such new employment soon after the move, the individual may be considered a migratory fisher if th

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Stable record: federal_law:legal_authorities:record_usc_70c0651445a0b53adc6bf0c4
Source file: Laws/federal/codes/united-states-code/title-20/section-6436-definitions--67927ec70c.md
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Source location: Title 20, Chapter 70, § 6436; chapter-070-strengthening-and-improvement-of-elementary-and-secondary-schools.md

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As used in this part: (1) **Local operating agency** — The term “local operating agency” means— (A) a local educational agency to which a State educational agency makes a subgrant under this part; (B) a public or private agency with which a State educational agency or the Secretary makes an arrangement to carry out a project under this part; or (C) a State educational agency, if the State educational agency operates the State’s migrant education program or projects directly. (2) **Migratory agricultural worker** — The term “migratory agricultural worker” means an individual who made a qualifying move in the preceding 36 months and, after doing so, engaged in new temporary or seasonal employment or personal subsistence in agriculture, which may be dairy work or the initial processing of raw agricultural products. If an individual did not engage in such new employment soon after a qualifying move, such individual may be considered a migratory agricultural worker if the individual actively sought such new employment and has a recent history of moves for temporary or seasonal agricultural employment. (3) **Migratory child** — The term “migratory child” means a child or youth who made a qualifying move in the preceding 36 months— (A) as a migratory agricultural worker or a migratory fisher; or (B) with, or to join, a parent or spouse who is a migratory agricultural worker or a migratory fisher. (4) **Migratory fisher** — The term “migratory fisher” means an individual who made a qualifying move in the preceding 36 months and, after doing so, engaged in new temporary or seasonal employment or personal subsistence in fishing. If the individual did not engage in such new employment soon after the move, the individual may be considered a migratory fisher if the individual actively sought such new employment and has a recent history of moves for temporary or seasonal fishing employment. (5) **Qualifying move** — The term “qualifying move” means a move due to economic necessity— (A) from one residence to another residence; and (B) from one school district to another school district, except— (i) in the case of a State that is comprised of a single school district, wherein a qualifying move is from one administrative area to another within such district; or (ii) in the case of a school district of more than 15,000 square miles, wherein a qualifying move is a distance of 20 miles or more to a temporary residence.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 6301 — Agreements and records

**(a) Agreements** In any case in which a negotiated rulemaking process is established under [section 6571(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571/b&num=0&edition=prelim), all published proposed regulations shall conform to agreements that result from the rulemaking described in [section 6571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571&num=0&edition=prelim) unless the Secretary reopens the negotiated rulemaking process. **(b) Records** The Secretary shall ensure that an accurate and reliable record of agreements reached during the negotiations process is maintained.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 6453 — State plan and State agency applications

**(a) State plan** (1) **In general** — Each State educational agency that desires to receive a grant under this subpart shall submit, for approval by the Secretary, a plan— (A) for meeting the educational needs of neglected, delinquent, and at-risk children and youth; (B) for assisting in the transition of children and youth between correctional facilities and locally operated programs; and (C) that is integrated with other programs under this chapter or other Acts, as appropriate. (2) **Contents** — Each such State plan shall— (A) describe the program objectives and outcomes established by the State that will be used to assess the effectiveness of the program in improving the academic, career, and technical skills of children in the program; (B) provide that, to the extent feasible, such children will have the same opportunities to achieve as such children would have if such children were in the schools of local educational agencies in the State; (C) describe how the State will place a priority for such children to attain a regular high school diploma, to the extent feasible; (D) contain an assurance that the State educational agency will— (i) ensure that programs assisted under this subpart will be carried out in accordance with the State plan described in this subsection; and (ii) ensure that the State agencies receiving subgrants under this subpart comply with all applicable statutory and regulatory requirements; and (E) provide assurances that the State educational agency has established— (i) procedures to ensure the timely re-enrollment of each student who has been placed in the juvenile justice system in secondary school or in a re-entry program that best meets the needs of the student, including the transfer of credits t

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 6454 — Use of funds

**(a) Uses** (1) **In general** — A State agency shall use funds received under this subpart only for programs and projects that— (A) are consistent with the State plan under [section 6434(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6434/a&num=0&edition=prelim); and (B) concentrate on providing participants with the knowledge and skills needed to make a successful transition to secondary school completion, career and technical education, further education, or employment. (2) **Programs and projects** — Such programs and projects— (A) may include— (i) the acquisition of equipment; (ii) pay-for-success initiatives; or (iii) providing targeted services for youth who have come in contact with both the child welfare system and juvenile justice system; (B) shall be designed to support educational services that— (i) except for institution-wide projects under [section 6436 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6436&num=0&edition=prelim), are provided to children and youth identified by the State agency as failing, or most at-risk of failing, to meet the challenging State academic standards; (ii) respond to the educational needs of such children and youth, including by supplementing and improving the quality of the educational services provided to such children and youth by the State agency; and (iii) afford such children and youth an opportunity to meet challenging State academic standards; and (C) shall be carried out in a manner consistent with [section 6321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6321&num=0&edition=prelim) and part F (as applied to programs and projects under t

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 6436 — Institution-wide projects

Page 1403 TITLE 20—EDUCATION § 6436 Subsec. (c)(20). Pub. L. 114–95, § 1401(3)(B)(ix)–(xi), added par. (20). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 6435. Use of funds (a) Uses (1) In general A State agency shall use funds received under this subpart only for programs and projects that— (A) are consistent with the State plan under section 6434(a) of this title; and (B) concentrate on providing participants with the knowledge and skills needed to make a successful transition to secondary school completion, career and technical edu- cation, further education, or employment. (2) Programs and projects Such programs and projects— (A) may include— (i) the acquisition of equipment; (ii) pay-for-success initiatives; or (iii) providing targeted services for youth who have come in contact with both the child welfare system and juvenile jus- tice system; (B) shall be designed to support edu- cational services that— (i) except for institution-wide projects under section 6436 of this title, are pro- vided to children and youth identified by the State agency as failing, or most at- risk of failing, to meet the challenging State academic standards; (ii) respond to the educational needs of such children and youth, including by supplementing and improving the quality of the educational services provided to such children and youth by the State agen- cy; and (iii) afford such children and youth an opportunity to meet challenging State academic standards; and (C) shall be carried out in a manner con-

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